Legal Opinion

In the Matter of Douglas Oesterle, Bankrupt. The Home Indemnity Company and the National Indemnity Company v. Douglas W. Oesterle

Court of Appeals for the Fifth Circuit

Decided July 24, 1981No. 80-5656PublishedCited by 22 opinions

1Opinion of the Court

HATCHETT, Circuit Judge:

This appeal centers upon the proper application of section 14(c)(2) of the Bankruptcy Act, 11 U.S.C. § 32(c)(2), which requires a petitioner in bankruptcy to provide records showing his financial condition. The bankruptcy judge and district court found that the petitioner’s failure to maintain such records was justified under all the circumstances of this case, thus bringing the petitioner within an exception to the general requirements of section 14(c)(2). Recognizing the wide discretion conferred by the Bankruptcy Act upon a bankruptcy judge, and finding in the…

2Cases cited5 opinions

  1. In the Matter of Martin M. Decker and Kathleen H. Decker, Individually and Jointly, Bankrupts. Appeal of Martin M. DeckerCourt of Appeals for the Third Circuit · 1979
  2. In the Matter of Jack Raymond Goff, Jr., and Peggy Jean Holloway Goff, Bankrupts. Jack Raymond Goff, Jr., Bankrupt v. The Russell CompanyCourt of Appeals for the Fifth Circuit · 1974
  3. Leonard W. Gunzburg, D/B/A Manners Jewelers v. Ingard Johannesen, Trustee in BankruptcyCourt of Appeals for the Fifth Circuit · 1962
  4. Bartolotta v. LutzCourt of Appeals for the Fifth Circuit · 1973
  5. Louis Herman Gaudet, Bankrupt v. Dorothy R. Cowen, TrusteeCourt of Appeals for the Fifth Circuit · 1961

3Cited by22 opinions

  1. Meridian Bank v. Eugene Alten, Marlene Alten, and Thomas J. Subranni, Trustee Eugene and Marlene AltenCourt of Appeals for the Third Circuit · 1992
  2. Reed v. ReedCourt of Appeals for the First Circuit · 1983
  3. United States v. Stanley StreetCourt of Appeals for the Eleventh Circuit · 2006
  4. First Texas Savings Ass'n v. ReedCourt of Appeals for the Fifth Circuit · 1983
  5. Aetna Insurance Co. v. Nazarian (In Re Nazarian)United States Bankruptcy Court, D. Maryland · 1982

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API